Michael J. Libman, et al. v. Antwon Jones, et al.

This Court has used a proportionality test in analyzing whether a state imposed fine is excessive under the Eighth Amendment but has not yet had the opportunity to apply the test to court-ordered disgorgement of attorney fees for violation of a state’s rules of professional conduct. The question presented is: Does the court-ordered disgorgement of attorney fees for violation of state rules of professional conduct fall under the “excessive fines” clause of the Eighth Amendment where there has been only benefit to the clients and no assessment of the attorney’s ability to pay?